In my view, the second most significant variable in winning or losing a foreclosure case is not the identity of the bank that’s suing or the skill of the bank’s lawyer. Nope. It’s the identity of the judge.
How can that be, you ask? Why does the judge matter so much? Are the results of a particular case really that different depending on who the judge is? Well, frankly, yes.
You see, in many areas of law, I wouldn’t feel that way. That’s because, in many practice areas (e.g. personal injury, criminal law, etc.), the law is sufficiently established that any two judges presiding over a case are likely to agree on the outcome. Disagreements happen, sure, but not generally. In foreclosure-land, though, disagreements are an every-day occurrence. You see, the issues I argue every day in foreclosure cases – paragraph 22, 559.715, and face-to-face counseling in an FHA mortgage, among others – are issues for which there is (and has been) little or no published case law for many years now. Without any case law, it’s understandable how different judges would disagree on what the law is (or should be) – and how the particular judge hearing a case/hearing/trial can impact the outcome so significantly.